Ex Parte Jerg et al - Page 3

            Appeal No. 2007-0358                                                                              
            Application 10/873,477                                                                            
                   Fig. 1 is said to provide a “diagrammatic, plan view of an embodiment of a                 
            dish rack and spraying device as well as, inter alia, a block diagram of a control                
            mechanism and operating panel...according to the invention.”  (Specification at 5,                
            lines 22-26.)  In Fig. 1, reference numeral 1 denotes a dish rack, 2a-2d each                     
            denotes a spraying device, 3 denotes a blocking device, 4 denotes a control                       
            mechanism, 5 denotes an operating panel, and 6 denotes a circulating pump.                        
            (Specification 6, line 3 to 7, line 14.)                                                          
                   The examiner finally rejected the claims as follows: (i) claims 1-4 and 6-9                
            under 35 U.S.C. § 102(b); and (ii) claims 5, 10, and 11 under 35 U.S.C. § 103(a).                 
            (Examiner’s Answer at 3-5; Final Office Action mailed September 8, 2005 at 3-5.)                  
            Claims 1, 10, and 11 are representative of the appealed subject matter and are                    
            reproduced as follows:                                                                            
                         1.  A device for cleaning items to be washed in a dishwasher,                        
                   the device comprising:                                                                     
                         at least one dish rack;                                                              
                         a spraying device having specific areas, said spraying device                        
                   being integrated with said at least one dish rack; and                                     
                         a control mechanism associated with said spraying device for                         
                   controlling said specific areas of said spraying device during washing.                    
                         10.  The device according to claim 1, which further comprises a                      
                   sensor for sensing a condition in the dishwasher and means for at least                    
                   one of indicating a condition in the dishwasher sensed by said sensor                      
                   and communicating the sensed condition in the dishwasher to said                           
                   control mechanism for subsequent controlling of said spraying device                       
                   by said control mechanism in response to the sensed condition in the                       
                   dishwasher.                                                                                

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